MINUTES OF regular MEETING OF THE BOARD OF COUNTY commissioners
monday – FEBRUARY 9, 1959
The Board of County Commissioners met in regular session in the County Commissioners’ room in the Courthouse at Tavares on Monday, February 9th at ten o’clock AM with the following present: Chairman Simpson; Commissioners Theus, Cowart, Hooten and Cross; Attorney Duncan; and Clerk Owens.
The Board was called to order by Chairman Simpson.
Motion by Commr. Theus seconded by Commr. Cowart and carried:
Dist #1 – That no changes be made
Dist #2 – That the grant to Fred Cook be reduced from $18.00 to $15.00 per month
Dist #3 – That Mamie Harden, c/o Jessie Whitney Nursing Home, Clermont, be added to the list for $40.00 per month.
Dist #4 – That the address of Daisy Fox be changed from Mrs. R. C. Jarvis to Stevens, Robie Street, Mount Dora; and that Mrs. Emma Barnard, Star R. Eustis be added to the list for $20 per month
Dist #5 – That no changes be made
Mr. Lehman appeared before the Board re: The needs at the Fair Grounds before the Fair starts. He stated there is a drainage problem. Water standing in the road. The Chairman advised Mr. Lehman that Mr. Goodson would work this out with Mr. Dollar. Mr. Lehman said would need two loads of clay at the Livestock Building and sawdust on Midway. Will not need this until after February 22. The Board advised this will be attended to.
Mrs. Loper again appeared before the Board. She stated that Rollin Reaves hauled 2 loads of dirt, not clay, to her place, stating he said the cost is $4.00 per load. Commr. Hooten said the County agreed to haul clay for the Town of Astatula. I did not tell Rollin to collect for the clay. Mrs. Loper does not owe the County anything. When the County gets through hauling clay for the Town of Astatula, the Town will owe the County. Mr. Simpson said he does not know what the County Commissioner can do. Mr. Duncan asked “Jack, did you authorize Rollin to haul the clay for Mrs. Loper?” Mr. Hooten stated “I authorized the County to haul for the Town of Astatula.” Mr. Duncan stated “It seems to me it is between Mrs. Loper, the Town of Astatula and Rollin Reaves.” Mr. Hooten to take this up with Rollin Reaves. At this time Ben Reaves came before the Board and Commissioner Hooten explained the matter to him. Mr. Reaves stated “I had Rollin to collect this as we have an understanding that if anyone gets clay for private drive the party pays for it.” Mr. Simpson stated this is a matter of the Town of Astatula.
Paul Kreger again appeared before the Board re: Payment for work done on “supposed County road.” Mr. Murphey, who worked for Kreger also, was present. Mr. Kreger stated that up to last night at ten o’clock John Veasey promised to be here today, but not yet present. Mr. Kreger stated Mr. Veasey stated on the telephone last night that Mr. Hooten had just left his place, and he and his partner offered $500.00 as down payment on the bill and would pay $500.00 a month thereafter. Mr. Kreger stated he told Mr. Veasey he would not accept $500.00. Would have to have the whole amount. Mr. Simpson asked Mr. Kreger if this is in connection with the bill you brought in here last week for clay. Mr. Kreger replied “Yes Sir.” Mr. Simpson asked “Where was that clay hauled to?” Mr. Hooten replied “This is a private road and the County has no obligation on the matter.” Mr. Kreger said he had been instructed by Mr. Hooten to make out the bills for less than $1,000.00 and mark them for “equipment hire.” Mr. Murphey stated he was in Hooten’s office Friday and Hooten said he would make out the bill for equipment hire and keep it under one thousand dollars. Mr. Hooten stated this road has nothing to do with the County. I am not approving any bill that does not belong to the County, Kreger should see Mr. Veasey. Mr. Murphey stated at the time I was at Hooten’s office, we discussed the Clermont road. This is not that road. Mr. Cowart stated Jack and I split the first road expense because it was on our district lines. Mr. Simpson asked if Mr. Kreger would like to wait until Mr. Veasey comes. Mr. Duncan requested that the Clerk call John Veasey. Mr. Duncan stated this matter will be held in abeyance until Mr. Veasey is contacted. Mr. Owens reported he could not reach Mr. Veasey on the phone, but his wife said he had to go somewhere with the bulldozer and may come in later.
Motion by Commr. Cross seconded by Commr. Theus and carried that the action of the Chairman and Clerk in approving the application of Stephen Walker, Mt. Dora, for admission to the T. B. Hospital be approved.
Mr. Luton appeared before the Board again. Stating he came this morning for the purpose of hearing the report of the Engineer. Mr. Goodson came in at this time and stated “I believe on that Subdivision road, it will be necessary to get some surveying done to determine the actual lay of the road.” Mr. Luton said he has a map of this road and will mail a copy to Mr. Goodson.
Messrs. Coffee, Thrift and Hampton appeared before the Board re: The Board opening up a road into their property at Donna Vista near Umatilla, which Mr. Reese has blocked off. They stated the County has been working this road since 1951. They have talked to Sheriff McCall and he said the road was opened in 1926 and 1927. Mr. Coffee stated he gave 53 feet for right of way and Attorney Roy Caldwell handled this. Mr. Simpson asked Mr. Duncan if he does not think this is a prescriptive road from all the evidence. Mr. Duncan thinks this is a prescriptive road. Mr. Simpson asked what are the people who are fenced off going to do. Mr. Duncan stated that would have to be a private suit to enjoin the man from blocking the road. Mr. Simpson thinks should ask Sheriff McCall to check into this until a Court Order is issued. Sheriff McCall was called to the meeting and explained the lay of the road. He said the road has been there as long as he can remember and he is 50 years old. Mr. Duncan stated in view of the facts that Mr. Coffee points out and Sheriff McCall points out, it seems to me the public has acquired prescriptive right to the use of the road. Mr. Duncan suggested to the Board that the Sheriff be authorized and instructed to keep the road open, WHEREUPON, on motion of Commissioner Cross, seconded by Commissioner Theus and carried, Sheriff McCall was authorized and instructed to keep this prescriptive road open until a Court Order is issued.
Sheriff McCall said he would inform the party to keep this road open subject to Court Order.
bids for purchase of concrete pipe
Lakeland Cement Company – Lakeland
Prices as listed in bid: Terms are 10% - 10th. Proximate.
An additional 2% allowed if paid by the 1st.
Florida Concrete Pipe Company – Lakeland
Prices as listed in bid: Terms 2% - 30 days
Pinellas Industries, Inc., - St. Petersburg
Prices as listed in bid: Terms 2% - 10 days; Net 30 days
Vulcan Materials Company – Sherman Concrete Pipe Co. - Sanford
Prices as listed in bid: Terms 2% - 30 days
Chas. P. Goodson, County Engineer, checked the bids and reported the Vulcan Materials Company’s bid is irregular and should be excluded. The other 3 bids are identical.
Motion by Commr. Theus seconded by Commr. Hooten and carried, that the Board accept the three bids – Lakeland Cement Company; Florida Concrete Pipe Company and Pinellas Industries, Inc. and buy from any one of them. Motion carried.
The Salesman of Lakeland Cement Company pointed out that their discount is 10% if paid on the tenth, therefore, Commr. Theus made a motion that the above motion be stricken. Said motion seconded by Commr. Cowart and carried.
Motion by Commr. Cowart seconded by Commr. Theus and carried that the Board accept the low bid – Lakeland Cement Company – because it is the lowest bid because of the discount.
bids for purchase of 2 dump truCKS for district 3; and 1 dump truck for district 4
The following bids were received:
Butler Chevrolet Company, Inc. – Leesburg
(1) 1 dump truck for District #3 using 3 cu yd water level body
Less trade in of 1952 Chevrolet 2-ton dump truck –
Net difference $3,179.50
(2) 2 dump truck same as above, less 1954 Chevy 2-ton dump truck
(3) 1 dump truck for District #4, 4 cu yd water level body, with
Trade in of 1953 Dodge – difference 3,218.50
(4) Alternate, a combined bid on all 3 units difference 9,377.50
Jungle Auto Service – Leesburg
Proposal #1 – District #3
2 1959 GMC Model 371 less trade in 1952 & 1954 Chevy trucks 5,496.00
Proposal #2 – District #4
1 1959 GMC Model 371 less trade in 1953 Dodge dump truck 3,151.00
Sun Chevrolet Co. Inc. – Clermont
District #3 – 2 1959 Chevrolet 2-ton dump trucks 6 cylinder
3 cubic yard Hardee body – less trade in 1 2-ton
Chevy dump 1952 truck and 1 2-ton Chevy 1954
Dump truck – net difference delivered 6,000.00
(No bid submitted for District #4)
Hodges Equipment Company – Leesburg
District #3 – 2 International model B-164 trucks, 3 yd
Dump bodies – net 6,279.52
District #4 – 1 International model B-164 truck – 4 yd
Dump body – net 3,089.76
Joe Creamons Chevrolet Inc. – Eustis
Bid #1 – 1959 Chevrolet Model 6103, 3 cu yd Hardee body,
Less trade in 1954 Chevy dump truck – net 3,462.64
Bid #2 – 1959 Chevy Model 6103, 3 yd Hardee body, less
Trade in 1952 Chevy dump truck – net 3,762.64
Bid #3 – 1959 Chevy 6103, 3 cu yd Hardee body, less
Trade in 1953 Dodge dump truck – net 3,466.39
Total sum on 3 trucks above with trade ins 10,450.00
Eustis Motor Company – Eustis
1 new 1959 Ford F-600 chassis-cab, trade in 1953 Dodge – net 2,995.00
“No Bid for D-3 Ford does not make a truck that will meet the advertised specifications.”
The dealers present explained their bids. Commr. Hooten said he would accept the low bid if that is what the County wants. Mr. Simpson suggested that the Engineer check the bids and that he thinks that it is the duty of this Board and the duty of the dealers to get with the Engineer and get specifications that everybody can bid on. Mr. Simpson also stated he would like to withdraw District Four’s bids.
Motion by Commr. Hooten seconded by Commr. Cowart, that the Board accept the low bid on the trucks that meet the specifications. Motion carried unanimously. Mr. Goodson was instructed to check the bids and report to the Board. Mr. Simpson stated next time we bid for trucks you dealers get with the Engineer before drawing the specifications.
Clerk Owens reported that the Notice to Bidders on the Clay Pit was sent to the Eustis Lake Region News for publication, but the paper reported last week that the Notice had not been received by them, therefore was not published.
Motion by Commr. Cross seconded by Commr. Theus and carried, that Clerk Owens be instructed to advertise for sale of Lot 1-A Block 20 according to the plat of Silver Lake Estates, containing 5 acres ,more or less, in the Eustis Lake Region News and in the Daily Commercial & Ledger. (Take bids second meeting in March – March 9, 1959)
Mr. Goodson reported that he approved the plan of having a meeting with the dealers, but does not believe we can cancel out controversy by doing it. Buying equipment is always an uphill task.
Mr. Goodson reported at this time that the low bid for District No. 4 is Jungle Auto Service, Leesburg at a price of $3,151.0 for one GMC truck; and that the low bid for Dist.-3 is Jungle Auto Service, at a price of $5,496.00 for 2 trucks.
Clerk Owens read a letter from Arthur C. Keller re: Requirements for Subdividing a tract of acreage into lots. Mr. Owens was instructed to answer this letter. Mr. Duncan stated if a 60 foot street can be gotten it would be better.
Mr. Goodson and Mr. Pomerantz appeared before the Board and stated they have worked out information in regard to insurance of Road employees. They filed with the Board accident history among County employees from the end of 1958 back to the beginning of 1953, disclosing the number of accidents according to districts. This report recommended that the Foreman’s Safety Training Course available to the County through the Florida Industrial Commission be instituted. This course requires 2 hours per day for five consecutive days and is designed for foreman primarily. Mr. Simpson stated he thinks the Board should adopt this program.
Motion by Commr. Theus seconded by Commr. Hooten and carried, that the Board follow this suggested procedure for training course for the Foreman.
Mr. Clayton Weir, Mr. Day Edge and Mr. Fairchild appeared before the Board. Mr. Cowart said Mr. Hancock was to be here, but he had to attend a funeral in Leesburg. Clerk Owens read a letter from Mr. Joe Grotegut, Chairman State Road Department, to Mr. Hancock re: State Road 50 through Groveland, and extension of State Road 19 to Zephyrhills. Mr. Duncan stated this should definitely be in the Board’s request to present at the budget meeting on March 12 in DeLand. Mr. Weir stated the Street through Groveland – Road 50 should be widened. Mr. Fairchild stated the Groveland Council is having a meeting tonight and they will prepare a Resolution for the Board to include with its requests at the budget hearing. Mr. Owens announced the Budget hearing for Lake County will be at 4:00 PM on March 12 in DeLand. The Board agreed to have its budget meeting on March 5 at 10:00 ‘clock AM for considering requests for Primary and Secondary Roads.
At the request of the Board, Mr. J. T. Lanier appeared before the Board re the bill which Mr. Kreger presented to the Board for work on a road into Mr. Lanier’s place. Mr. Lanier stated he has been living there a little over a year. Mr. Duncan asked who staked out the road. Mr. Lanier stated “I do not know.” Mr. Duncan asked who built the road. Mr. Lanier stated “I have seen those 2 gentlemen – Kreger and Murphey – but I do not know who hired them to build the road.” Mr. Hooten stated this is a private road and had nothing to do with the County. Mr. Duncan stated “that all the information Lanier has seems to be hearsay.” Mr. Kreger said the road is between ¾ and a mile in length. Mr. Lanier said .6 of a mile. Mr. Duncan said there is nothing else can do about this until can get Mr. Veasey and Mr. Cuyler Lanier here. Mr. Duncan suggested that a letter be written by the Commissioners to the gentlemen requesting them to come to the meeting.
Motion by Commr. Theus seconded by Commr. Cowart, that in order to clear this matter up that a letter be written to Mr. Veasey and Mr. Cuyler Lanier and request them to be present at the next Board meeting. Carried unanimously.
Emery Dillard appeared before the Board requesting the Board to amend the Resolution re: closing hours of Club Casino. Mr. Dillard said they want the two hour closing time extended from 12 midnight to 2 o’clock AM on Friday, Saturday, Sunday and Monday. Mr. Cross said he is not opposed to this. Mr. Hooten said they do it in all other counties anyway. Mr. Dillard said they are doing it anyway and he wants to make it lawful. Mr. Duncan said will have to extend the same courtesy to anyone who asks for it.
Motion by Commr. Cowart seconded by Commr. Hooten and carried that the following Resolution be adopted: (On call for vote by Districts: No. 1 – “no” and No.2, 3-5 “yes.”)
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, that the sale of alcoholic beverages in the Club Casino near Eustis, Florida (Lake County) shall, in addition to the statutory hours for the sale of such beverages, be permitted to be sold between the hours of 12:00 o’clock midnight till 2:00 o’clock A.M. on Friday, Saturday, Sunday and Monday.
Motion by Commr. Cross seconded by Commr. Hooten and unanimously carried that the Resolution adopted on January 12 re: The sale of alcoholic beverages in Lake County be rescinded; and the Clerk be instructed to notify the Sheriff and Beverage Department.
A bill of Lake Abstract & Guaranty Company, c/o C. E. Duncan, Tavares, for #44220 Partial Abstract continuing #39516 covering: Lots 2, 5, 6 & 7 Block 20 Minneola, in the amount of $14.00 was approved for payment by C. E. Duncan.
Approved Change Order No. 2 in amount of $760.63 on Lake County Health Center Project No. Fla-B-28 Howell C. Hopson, Architect, was filed with the Board.
Bills in triplicate for service by Sheriff’s Office in the suit Lake County vs. James M. Fountain, et al, District No. 1; and bill in suit Lake County vs. Ezzard, et al, in District 3, Road 561 Minneola, were presented to the Board.
Motion by Commr. Hooten seconded by Commr. Theus and carried, that the bills above referred to re: condemnation suits re rights of way be approved for payment by State Road Department.
Motion by Commr. Theus seconded by Commr. Cowart and carried, that the Clerk be instructed to place stop payment on outstanding General Fund Warrant #2559 dated September 30, 1968, in the amount of $40.70 drawn on First State Bank & Trust Company, Eustis, covering invoice #2421 of Florida Equipment Company of Orlando for Mosquito Control; and issue new warrant to Florida Equipment Company in said amount, as the Company reported it did not receive warrant #2559.
Clerk Owens filed check for $1.00 from Town of Astatula in payment of an old pull scraper which was purchased from the County by the Town of Astatula.
Request of R. G. Cassady, Tax Assessor, for authority to purchase the following equipment paying for same from the County by the Town of Astatula:
Request of R. G. Cassady, Tax Assessor, for authority to purchase the following equipment paying for same out of excess fees, was approved by the Board, on motion of Commr. Cowart seconded by Commr. Hooten and carried: 1 typewriter cost $360.00; 1 set of filing cabinets, cost $280.00.
Clerk Owens filed with the Board letter from State Board of Administration enclosing statement showing all paid and cancelled bonds and coupons of Lake County returned by the paying banks during the period July 1, 1956, to June 30, 1957.
Motion by Commr. Theus seconded by Commr. Cowart and carried that the action of the Clerk and Chairman in approving the applications of Eulace White, Mt. Dora and Jesse O. Brown, Groveland, for admission to the T. B. Hospital be approved.
Deed from Evergreen Memorial Gardens, Inc. to Lake County was ordered brought back to next meeting.
Clerk Owens was instructed to refer the letter from Railway Express Agency re: Closing express agency at Astatula to the Town of Astatula.
Request for eleven subscriptions to Florida Planning & Development for the Zoning Commission was approved by the Board.
Clerk Owens read the offer for a location for the Old Folks Home for $20,000.00 from Lewis G. Hughes. The location is on Road 441. Clerk Owens was instructed to notify Mr. Hughes the Board is not interested in the location.
Clerk Owens reported that the Editor of the Tavares paper has requested that the old pump at Summerall Park be removed and disposed of; and also thinks there is a need of installing sanitary facilities in the Park. Mr. Goodson said the pump is already moved. Mr. Cowart suggested that Bill Young build the sanitary facilities; hire one block layer and Young do the rest. Commr. Theus said a block layer is working in his District now and could do this work; also build a septic tank. Commr. Cross reported there is a need for sanitary facilities at Burrell Lock.
Motion by Commr. Cowart seconded by Commr. Cross and carried, that Mr. Goodson, County Engineer, be instructed to get a price on building sanitary facilities for Summerall Park and Burrell Lock.
Motion by Commr. Cowart seconded by Commr. Hooten and carried, that warrant on the Road & Bridge Fund be issued to Motor Vehicle Commissioner in the amount of $15.50 for tags in Districts 2-3-4, for new and old trucks; and warrant in the amount of $13.50 on General Fund for tags for Hyacinth Control.
Motion by Commr. Theus seconded by Commr. Cross and carried that warrant in the amount of $2,000.00 be issued to Lake County Fair Association, as requested by Karl Lehman.
Motion by Commr. Theus seconded by Commr. Cowart and carried, that the Appraisal of Harry Vogel and Marshall Wilson on Road S-468 be accepted and sent to State Road Department for payment.
The Literature on Civil Defense was requested to be brought back to next meeting.
Commr. Cross filed check in amount of $162.40 for sale of pipe in District 5 from Dean & Morse, Inc.
Attorney Duncan reported that he has discussed with Walton Hunter and W. F. Robinson, attorneys, the matter of them representing the County in the Civil Suit of Lake County re: Clermont bar site and recommended to the Board that they be appointed and employed to represent the County in this matter.
Motion by Commr. Cross seconded by Commr. Cowart and carried, that Mr. W. F. Robinson and Mr. Walton Hunter be appointed and employed as attorneys to represent the County in the Civil Suit of Lake County re: the Clermont barn site.
Mr. Duncan reported he has prepared the contract with Ray-Jay Paving Company.
Motion by Commr. Theus seconded by Commr. Cowart and carried, that the Chairman and Clerk be authorized to execute the contract with Ray-Jay Paving and that the check in the amount of $707.70 be returned to the Company when bond is received.
Judge Futch appeared before the Board with reference to Custody of Juveniles under jurisdiction of the Juvenile Court: He stated there are no facilities in the County jail to put the juveniles and it is going to be necessary for me to enter an order prohibiting the use of jail facilities for juveniles. This will not affect the juveniles in the jail now, but those in the future. The jail is not big enough to keep them separate from the criminals and immediate action should be taken to isolate the juveniles. You gentlemen can decide what you are going to do, or what can be done. The Board has plans submitted by an Architect. Judge Futch said could not wait to build a new courthouse. He said the Sheriff stated he had 96 prisoners in jail yesterday. I do not think there is room for that many. Judge said within the next few days, any suggestions you gentlemen have, I shall be glad to listen. The Board discussed steps leading to a bond issue to finance expansion of the courthouse and jail facilities. The Board decided to create a temporary juvenile facility in the Home Demonstration building, which was previously the County jail. Mr. Duncan and Mr. Owens were instructed to talk to Mrs. Valentine, Home Demonstration Agent, about moving into some other building the County will furnish. Mr. Goodson to go with Mrs. Valentine to look for another location. The Board agreed to meet sometime next week for consideration of the courthouse addition. Sheriff McCall stated he would ask Mr. Jesse Creech, a retired jail consultant, who has been before the Board previously to discuss this matter, to come to the Board again to advise in the matter. Mr. Simpson said should get something started about him coming immediately. Sheriff said he would find out in the morning when Mr. Creech can come. Commr. Theus thinks the Board should consider a referendum on the bond issue tied in with a countywide re-evaluation to help equalize the cost, which would be close to $500,000.00 to build the addition to the Courthouse.
Mr. Duncan presented Plat of Hobby Hill which was left with him by E. T. Hall, surveyor, with Title Policy FE 19149 issued by Title & Trust Company of Florida showing the title is in the party who seeks to have the property subdivided subject to a mortgage. Partial Release of Mortgage has been executed. Letter from Lake County Health Department, with survey of Orange State Engineers’ report attached, stated “We are accepting their recommendation on this property. We call your attention to Lot #1, approximately 4 acres, is not acceptable for septic tanks.” Consent of property owners and City of Mount Dora for Ernest Hobdy to pump sand from Lake Franklin in order to improve his property which abuts upon the west side of Lake was filed with the Board.
Motion by Commr. Theus seconded by Commr. Hooten and carried, that the Plat of Hobby Hill be approved.
At 5:30 PM, at the Board’s request, Mr. Cuyler Lanier appeared before the Board. Mr. Duncan stated to Mr. Lanier. We asked you to come here to explain about the construction of a road that runs West from the Mead-Lanier Road between Lake Jem and Astatula and terminates at property owned by you. We would like to know from you how the road started out. Mr. Lanier stated “Really we had no agreement on it. I do not know who built it or how it was financed or anything.” Mr. Duncan. “Have you talked to Mr. Hooten about this Road?” Mr. Lanier. “No.” Mr. Duncan. “You had nothing to do with the construction of this road?” Mr. Lanier “No Sir.” Mr. Cowart. “Was the road built in there after you sold the land?” Mr. Lanier. “Yes.” Mr. Cowart. “The road does not benefit you?” Mr. Lanier. “Oh yes.” Mr. Duncan stated he sees no reason to keep Mr. Lanier here any longer. As I see it, it is not a County road and not on County property. Mr. Simpson asked if this is not a thing for them (Kreger and Veasey) to settle by civil suit. Mr. Duncan said the County is not involved. The bill submitted here has been denied by Mr. Hooten, therefore, any action would be between Kreger and Veasey, as I cannot see any action that this Board can take. Mr. Simpson informed Mr. Kreger “We cannot consider this bill to be paid by the County. The Commissioner in whose District the work was done has not accepted the bill. You brought the bill to the County is the reason it got before the Board.”
Commr. Theus filed check for $40.00 for 8 loads of dirt purchased by him for Leesburg Hillcrest Properties, Inc.
Motion by Commr. Cross seconded by Commr. Hooten and carried that the following numbered Vouchers be approved for payment:
General Fund #484 thru #659
Road & Bridge Fund #389 thru 511
Fine & Forfeiture Fund #53 thru 75
Leesburg Health Clinic #4
/s/ Frank E. Owens /s/ O. M. Simpson